Labour Inspection / Purposes and Practice
İÇİNDEKİLERCONTENTSPat* Foreword Introduction Part I. The purposes of labour inspection 1. Occupational safety and health Supervision Before work begins While work is in progress After an accident Prevention of occupational accidents 2. Standards Enforcement Advice and information For employers and workers For the authorities Participation in standard-setting Laws and regulations Collective agreements 3. Economic development Normal extension of the inspectorate's duties Preparation of development plans Information Guidance Implementation of development programmes 4. Relations between employers and workers Collection of background information Concerning individual undertakings Concerning particular areas or economic sectors Improvement of relations between employers and workers at the enterprise level Participation in the negotiation of collective agreements Labour inspection Prevention and settlement of disputes A controversial issue Collective disputes Individual disputes Determination of the justification for dismissing elected workers' representatives 5. Administration Functions with an element of discretionary power Endorsements and permits Membership of advisory and decision-making bodies, and of tribunals Trade union matters Purely administrative functions Annual inspection reports Other functions Part IT. Means of action 6. Legal powers and status Powers Powers of inspection (a) Free entry (b) Inspection without prior warning (c) Interrogation, perusal of documents and records, and sampling Right to issue orders (a) Request for action within a specified time, formal notice (b) Action to be taken forthwith (c) Appeals against an inspector's decisions Prosecution and penalties Status Members of the civil service Others (a) Inspectors paid by the trade unions (b) Workers' delegates (c) Inspectors employed under a contract with a professional body (d) Inspectors elected by local authorities 7. Staff Qualifications Professional (a) Previous training (b) Further training after joining the service Personality Obligations Integrity Discret?on (a)Confidential (b)Sources of complaints Composition Strength Women inspectors Grading Medical staff Interpreters Auxiliary inspectors 8. Administrative framework Organisation of the labour inspection system Control by a central authority Specialisation of inspectors (a) By technical field (b) By rank Relations and co-operation among component services, branches and units Off?ces and other facilities Co-operation with other bodies Other divisions within a department of labour Social security bodies Planning agencies Employers' and workers' organisations Other public or private bodies PART lll. Practical rules and methods 9. Organisation of inspection visits Preparing the ground Plan of work Background information Frequency of inspections The right time to carry out an inspection Surprise Other factors 10. The inspector's approach. On arrival at the workplace Informing the employer of arrival: introducing oneself . Attitude if the employer is obstructive During the inspection visit Attendance of the employer and of the workers' representatives Priorities Observation and analysis Putting questions People to sec (a) Health and safety specialists (b) Works medical officer (c) Workers' representatives After the visit Assessment and transmission of findings Decisions to be taken Communication of decisions to the employer and of the report to the inspector's chief Labour inspection 11. Methods of inspection Methods varying with the kind of inspection undertaken First visit Ordinary inspection Special visits Follow-up inspections Methods varying with the kind of undertaking visited . Big undertakings Small undertakings Farms Plantations Mines Private homes 12. Health and safety inspection Premises Preliminary check Subsequent checks Plant and equipment Preliminary check Checks to be made while work is proceeding (a) Work sites, scaffolding, and hoisting appliances and equipment (b) Electrical installations, lifts, and boilers and other pressure vessels (c) Machinery (d) Working environment and equipment of work stations (e) Dangerous substances; sampling Investigation of occupational accidents Inspection of welfare facilities 13. Inspection of working conditions Contracts of employment and apprenticeship Hours of work, rest periods and holidays Special points to be checked Methods of inquiry Remuneration Components Methods of payment; advances and deductions The commoner irregularities Company stores Employment of women Ban on certain kinds of work Maternity protection (a) Maternal and child health (b) Income security Discrimination Employment of young persons Minimum age and compulsory schooling Medical examination of fitness for employment Ban on certain kinds of workApprentices Social security 14. Information and advice Within the undertaking Health and safety (a) Information and advice for employers (b) Co-operation with health and safety committees . . Conditions of work (a) Contents and scope of new legislation (b) Improvements going beyond statutory requirements. Outside the undertaking. Consultations and information for a wider audience . . . Educational work 15. Labour relations Collective bargaining Contents of collective agreements Joint committees (a) Preparatory work (b) Acting as chairman (c) Minutes of meetings Settlement of disputes Identification of the nature of a dispute Conciliation in collective disputes (a) Intervention by the inspector (b) Recording the outcome Individual disputes (a) Courses of action open to the inspector (b) Investigation procedure (c) Nature of settlement 16. Administrative duties Documentation From outside the individual inspection unit (a) Labour laws and regulations, collective agreements (b) Circulars and administrative instructions (c) Other material Prepared inside the inspection unit (a) General establishments record file (b) Individual establishment files (c) Other files Reports and forms General principle: standardisation (a) Forms (b) Criteria (c) Time coverage Individual inspection reports (a) Form and content Labour inspection (b) Uses and confidential character Periodical reports on the work of the inspectorate Annual general reports (a) Form and content (b) Frequency and publication 17. Statistics Subject matter Labour statistics Inspection statistics Sources and uses Establishment record files Inspection reports Disputes files Notifications of occupational injuries Other material from other units Conclusion Appendices: Model forms 1. Inspector's official identity card 2A. Record of settlement of collective dispute 2B. Official record of partial settlement of an individual dispute by conciliation 3. Periodical report on activities 4. Occupational accident investigation report 5. Establishment record sheet 6. Report on ordinary inspection visit 7. Annual general report of a labour inspection service |